Foreclosure Defense Attorney in Plantation, FL
A foreclosure summons tells you what the bank wants, but it leaves out how much time you have, what your options are, and what happens at each stage.
If you are looking for a foreclosure defense attorney in Plantation, Florida, The Law Office of Carlos M. Amor, P.A. offers one attorney who handles your case personally from the first review of the complaint to the final hearing. Attorney Carlos M. Amor is also a licensed Florida real-estate broker, so he looks at your case the way a lawyer does and the way the market does.
Florida foreclosures go through the courts, and every stage has a deadline. Knowing those deadlines early gives you the most room to raise defenses, negotiate, or plan a sale on your own terms. To talk through your situation, call 954-453-7200 for a free consultation by phone, by video, or in person.
How a Florida Foreclosure Moves Through the Courts
Florida uses judicial foreclosure, which means a lender has to file a lawsuit and get a judgment before it can sell your home. In Broward County, these cases are heard in the Seventeenth Judicial Circuit, which runs a dedicated mortgage foreclosure division within its civil courts.
The stages below follow the order most residential cases take. The timing at each step comes from Florida statutes and court rules, but the total length of a case depends on the court’s calendar, the defenses raised, and whether the parties negotiate.
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The complaint and lis pendens. The lender files a complaint and records a notice of lis pendens, which warns anyone checking the title that the property is in litigation. Florida’s lis pendens statute governs that notice.
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Service of process. The lender has to formally deliver the summons and complaint to each homeowner. The Florida Rules of Civil Procedure give the lender 120 days after filing to complete service, unless the court extends that time.
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Your answer. You have 20 days after service to file a written response with the court. If you miss that deadline, the lender can ask for a default, which moves the case toward judgment without your side being heard.
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Discovery and settlement talks. Both sides can request documents and information. This is often when loan modification, reinstatement, or a negotiated exit is discussed, and the court may refer the case to mediation.
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Summary judgment. Many lenders ask the court to decide the case without a trial, which is called summary judgment. Under Florida’s current summary judgment rule, the homeowner has 40 days after the motion is served to respond, and the hearing must be set at least 10 days after that response deadline unless the parties agree or the court orders otherwise.
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Final judgment and sale date. If the lender wins, the court enters a final judgment and sets a sale. Florida law requires the sale to take place no fewer than 20 and no more than 35 days after the judgment, unless the court orders otherwise.
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The sale and certificate of title. After the auction, the clerk files a certificate of sale. Any party has 10 days to object, and if no objection is filed, the clerk issues a certificate of title to the buyer.
Each of these steps is a point where a defense can be raised or a deal can be reached. The earlier Attorney Carlos M. Amor reviews your file, the more of these steps are still open to you.
Timeline at a Glance
The table below collects the key deadlines in one place. Treat these as general rules, since a judge may shorten or extend some of them.
| Stage | Typical deadline | Source |
|---|---|---|
| Complete service after filing | 120 days | Florida Rules of Civil Procedure |
| File your answer after service | 20 days | Florida Rules of Civil Procedure |
| Respond to a summary judgment motion | 40 days after service of the motion | Florida Rules of Civil Procedure |
| Foreclosure sale after final judgment | 20 to 35 days | Section 45.031, Florida Statutes |
| Object to the sale | 10 days after the certificate of sale | Section 45.031, Florida Statutes |
| Surplus presumed unclaimed | One year after the sale | Section 45.032, Florida Statutes |
Because deadlines run from specific filing dates, the exact calendar for your case comes from the docket in your file.
What Foreclosure Defenses Are Available in Florida?
A foreclosure defense is a legal reason the lender should not win, or should not win yet. The defenses that come up most often in Florida are standing, defective service, missed pre-suit notice, and the five-year filing deadline. Which ones fit your case depends on the loan documents, the timeline, and how the lender handled the loan before it sued.
Standing and Note Ownership
The lender that files the case must have the legal right to enforce the promissory note. Florida courts require the lender to have that right on the day it files the case, not only by the time of trial.
Florida’s foreclosure pleading statute requires the complaint to explain how the lender holds that right, and if the lender has the original note, it must file a sworn certification saying so at the same time it files the complaint.
When loans have been sold or transferred several times, gaps in endorsements or assignments may give a homeowner a real basis to challenge the case.
Defective Service
A court only has power over you once you have been properly served. If the process server left the papers with the wrong person, served an outdated address, or filed an affidavit with errors, a motion challenging service may be available. These objections are waived if you do not raise them in your first response to the complaint.
Pre-Suit Notice Conditions in the Mortgage
Most residential mortgages require the lender to send a written notice of default before accelerating the loan and suing. The standard forms used across Florida typically give the borrower at least 30 days to cure. If that notice was never sent, went to the wrong address, or left out required terms, the homeowner may be able to argue that the lender did not meet the conditions of its own contract.
Florida’s civil procedure rules require you to raise this defense specifically and in detail in your answer. A general denial is not enough, which is one reason the answer matters so much.
The Five-Year Filing Deadline
Florida sets a five-year statute of limitations for an action to foreclose a mortgage. On an installment loan, the five years do not always run from the first missed payment. A dismissed earlier case can also change the calculation, so this defense turns on the history of your loan and any prior filings.
These defenses do not always end a case, but they often change the timeline and the negotiating position, depending on the facts of your loan.
Defend the Case or Sell the Property?
For some homeowners, the right outcome is keeping the home. For others, it is leaving on their own terms with as much equity as possible. Attorney Carlos M. Amor holds a Florida real-estate broker license in addition to his law license, and that dual perspective helps when you are weighing these paths side by side.
Options to review with Attorney Carlos M. Amor include:
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Raising defenses to slow or stop the case while you catch up or refinance
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Reinstating the loan by paying the past-due amount, fees, and costs
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Selling the home while the case is pending, sometimes through a short sale if you owe more than the home is worth
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Offering a deed in lieu of foreclosure to end the case without a sale
Selling before the auction often protects more equity than waiting for the foreclosure sale, but only if the listing, pricing, and legal timeline line up. A broker’s view of the Broward County market helps answer whether a sale is realistic before your sale date.
What Happens After a Foreclosure Sale in Broward County?
A foreclosure sale does not always end your rights. Broward County holds its sales online through the clerk’s auction platform, and several rules still apply once the bidding closes.
The Right of Redemption
Florida lets the homeowner keep the property by paying the full amount owed, which is called redemption. Under Florida’s redemption statute, that right lasts until the clerk files the certificate of sale, or until a later deadline if the final judgment sets one. After that point, the statute ends the right of redemption.
Surplus Funds
If the home sells for more than the judgment and costs, the difference is called surplus. Under Florida’s surplus statute, the person who owned the home when the lis pendens was filed is presumed to have the right to the surplus, after any subordinate lienholders who filed timely claims are paid.
Surplus that has not been claimed one year after the sale is presumed unclaimed and is sent to the state’s unclaimed property program. The Broward County Clerk of Courts publishes an owner’s claim form for mortgage foreclosure surplus.
Deficiency Judgments
If the sale brings in less than the debt, the lender may ask for a deficiency judgment for the difference. For a one-to-four-family home, Florida gives the lender one year from the certificate of title, or from accepting a deed in lieu, to bring that claim. Negotiating a waiver of any deficiency is often part of a short sale or deed in lieu.
Each of these post-sale rules has its own deadline, so the period after an auction matters as much as the period before it.
Why Homeowners Work With Attorney Carlos M. Amor
A foreclosure case is personal, and it helps to know exactly who is handling it. At The Law Office of Carlos M. Amor, P.A., Attorney Carlos M. Amor reviews the file, prepares the filings, and talks with you directly.
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One attorney, start to finish. Your file is never handed off. Attorney Carlos M. Amor handles your case personally.
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Lawyer and licensed Florida real-estate broker. He can evaluate both the legal defenses and the market value of your home, which matters when you are deciding whether to fight or sell.
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More than fifteen years of Florida real-estate experience. He brings long familiarity with Florida property, title, and transaction issues to every foreclosure file.
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Rooted in Plantation. His office on South Pine Island Road serves homeowners in Plantation and across Broward County.
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Free consultations. You can meet by phone, by video, or in person before making any decision.
Every case turns on its own documents and facts, and no attorney can promise a particular outcome. What you can expect is a clear explanation of where your case stands and what your realistic options are. Call 954-453-7200 to schedule your free consultation.
FAQs: Florida Foreclosure Defense Attorney
A Florida foreclosure often takes several months to more than a year from filing to sale, depending on how quickly the homeowner is served, whether defenses are raised, the court’s calendar, and whether the parties negotiate.
Yes. A Florida homeowner keeps the right to live in the property while the foreclosure case is pending. After the sale, the new owner generally needs a court order, called a writ of possession, before occupants can be removed.
If you ignore a Florida foreclosure summons and miss the 20-day deadline to answer, the lender can ask for a default, which lets the case move toward judgment without your side being heard. A timely answer preserves your right to raise defenses.
Sometimes. A Florida foreclosure sale may still be canceled or postponed close to the sale date if the loan is reinstated, a sale of the home closes, or the court grants a motion. Last-minute options are limited, so homeowners have more choices when they act earlier.
A Florida homeowner may still owe money if the sale price is lower than the debt and the lender obtains a deficiency judgment. For a one-to-four-family home, the lender must bring that claim within one year after the certificate of title is issued, and a deficiency waiver may be negotiated as part of a short sale or deed in lieu.
A former owner in Broward County claims surplus funds by filing the clerk’s owner’s claim form in the foreclosure case. File it well before one year after the sale, because surplus still unclaimed at that point is presumed unclaimed and sent to the state’s unclaimed property program.
Talk to a Plantation Foreclosure Defense Lawyer
Foreclosure deadlines keep running whether or not you respond, but most homeowners have more options than the summons suggests. The Law Office of Carlos M. Amor, P.A. is located at 300 S. Pine Island Rd, Suite 3032, Plantation, Florida 33324. Call 954-453-7200 to schedule a free consultation with Attorney Carlos M. Amor by phone, by video, or in person.
This page provides general information about Florida foreclosure law and is not legal advice. Results depend on the specific facts of each case.
ATTORNEY CARLOS M. AMOR
Carlos M. Amor is a skilled and experienced attorney and real estate broker. His legal practice in South Florida focuses on real estate litigation, real estate investments, tax deed and foreclosure auction purchases, traditional real estate transactions, short sales, foreclosure defense, and civil litigation. Carlos thinks “outside the box” and takes a practical approach to finding solutions that benefit his clients. [ ATTORNEY BIO ]
